section 40
Power to make rules.
The Slum Clearance Act 1956Infrastructure195646 sections7 chapters
Chapter VII MISCELLANEOUS
Statutory text
- (1) The Central Government may, by notification in the Official Gazette, make rules to carry out the purposes of this Act.
- (2) In particular and without prejudice to the generality of the foregoing power such rules may provide for all or any of the following matters, namely:―
- (a) the manner, of authentication of notices, orders and other instruments of the competent authority;
- (b) the preparation of plans for the re-development of any slum area, and matters to be included in such plans; 5[(bb) the form in which an application under sub-section (3) of section 6A shall be made and the information to be furnished and the fees to be levied in respect of such application;
- (bbb) the manner in which inquiries may be held under sections 15 and 19;]
- (c) the form and manner in which applications for permission under sub-section (2) of section 19 shall be made and the fees to be levied in respect of such applications;
- (d) the procedure to be followed 5[and the factors to be taken into consideration] by the competent authority before granting or refusing to grant permission under section 19; 1. Section 36 renumbered as sub-section (1) thereof by Act 43 of 1964, s. 18 (w.e.f. 27-2-1965).
- (e) the time within which an appeal may be preferred under 1[sub-section (7) of section 10 or section 20]; 2[(ee) the time within which a declaration may be filed under sub-section (1) or an intimation may be sent under sub-section (4) of section 20A and the fees, if any, to be levied in respect of such declaration;
- (eee) the time within which plans, estimates and other particulars referred to in sub-section (2) of section 20A may be furnished;
- (eeee) the procedure to be followed by the competent authority for fixing the provisional rent under sub-section (2) of section 20A; (eeeee) the manner in which the rent provisionally determined under section 20A shall be communicated to the tenants and owners; (eeeeee) the matters in respect of which provision may be made under sub-section (5) of section 20B;]
- (f) the officers and local authorities to whom powers may be delegated under section 36; and
- (g) any other matter which has to be, or may be, prescribed. 3[(3) Every rule made under this section shall be laid as soon as may be after it is made before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or 4[in two or more successive sessions, and if, before the expiry of the session immediately following the session, or the successive sessions aforesaid] both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only
2 Ins. by s. 18, ibid. (w.e.f. 27-2-1965).
3 Ins. by s. 19, ibid. (w.e.f. 27-2-1965).
4 Subs. by Act 58 of 1960, s. 3 and the Second Schedule, for “him” (w.e.f. 26-12-1960).
5 Ins. by Act 43 of 1964, s. 20 (w.e.f. 27-2-1965).
in such modified form or be of no effect, as the case may be; so however that any such modification or
annulment shall be without prejudice to the validity of anything previously done under that rule.]
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